Work Session

Wednesday, August 24, 2022
9:00 a.m.

Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road
Austin, TX 78744

Arch “Beaver” Aplin, III, Commission Chair
Carter Smith, Executive Director

Approval of the Previous Minutes from the Commission Work Session held May 25, 2022

    Land and Water Plan

  1. Update on the Texas Parks and Wildlife Department’s Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan – Carter Smith
    • Internal Affairs Update
    • Staff Recognition
    • Digital Tag Pilot Program
    • Legislative Appropriations Request Fiscal Years 2024-2025
  2. Financial

  3. Financial Update – Reggie Pegues (Action Item No. 1)
    1. Fiscal Year 2023 Agency Budget by Strategy
    2. Fiscal Year 2023 Operating and Capital Budget by Division/Object of Expense
    3. Budget Policy
    4. Investment Policy
    5. Retain 100 Percent of Boat Revenues in Fund 9
  4. Fiscal Year 2022 Internal Audit Update and Proposed Fiscal Year 2023 Internal Audit Plan – Brandy Meeks (Action Item No. 2)
  5. Natural Resources

  6. Commission Policies – Laura Carr (Action Item No. 3)
  7. Electric Bicycle Use On State Park Trails – Request Permission to Publish Proposed Changes in the Texas Register – Aaron Friar
  8. Aerial Wildlife Management Permit Rules – Request Permission to Publish Proposed Changes in the Texas Register – Stormy King
  9. Sunset Recommendations – Uniform Rules for Refusal to Issue or Renew Non-Recreational Licenses and Permits – Recommended Adoption of Proposed Changes – James Murphy (Action Item No. 4)
  10. Proposed Amendments to the Exotic Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants Rules – Recommended Adoption of Proposed Changes – Monica McGarrity (Action Item No. 5)
  11. Memorandum of Understanding (MOU) with the Texas Commission on Environmental Quality (TCEQ) Regarding the Regulation of Aquaculture – Recommended Adoption of the TCEQ MOU – Monica McGarrity (Action Item No. 6)
  12. Chronic Wasting Disease (CWD) Detection and Response Rules – Containment and Surveillance Zone Boundaries – Recommended Adoption of Proposed Changes – Shaun Oldenburger (Action Item No. 7)
  13. Statewide Hunting Proclamation Correction of Error – Squirrel Seasons – Recommended Adoption of Proposed Changes – Shaun Oldenburger (Action Item No. 8)
  14. Cormorant Control Permit Repeal Rules – Recommended Adoption of Proposed Changes – Shaun Oldenburger (Action Item No. 9)
  15. Implementation of Legislation During the 87th Texas Legislative Session – House Bill 1728 – Relating to Partnerships between Texas Parks and Wildlife Department and Nonprofit Entities to Promote Hunting and Fishing by Certain Veterans – Recommended Adoption of Proposed Changes – Shaun Oldenburger (Action Item No. 10)
  16. Land Conservation

  17. Acceptance of Donation of Land – Bexar County – Approximately 6 Acres at Government Canyon State Natural Area – Jason Estrella (Work Session and Executive Session) (Action Item No. 11)
  18. Grant of Utility Easement – Rusk County – Approximately 0.2 Acres at Martin Creek Lake State Park – Jason Estrella (Work Session and Executive Session) (Action Item No. 12) WITHDRAWN
  19. Request for Drainage Easement – Aransas County – Approximately 0.2 Acres at Goose Island State Park – Ted Hollingsworth (Work Session and Executive Session) (Action Item No. 13)
  20. Executive Session

  21. Litigation Update – James Murphy (Executive Session Only)
  22. Briefing – Executive Director Search – Chairman Arch “Beaver” Aplin (Executive Session Only)

Work Session Item No. 1
Presenter: Carter Smith

Work Session
Update on the Texas Parks and Wildlife Department’s Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan
August 24, 2022

I.      Executive Summary: Executive Director Carter Smith will briefly update the Texas Parks and Wildlife Commission (Commission) on the status of Texas Parks and Wildlife Department’s (TPWD) efforts to implement the Land and Water Resources Conservation and Recreation Plan (plan). 

II.     Discussion: In 2001, the 77th Texas Legislature directed that TPWD develop a Land and Water Resources Conservation and Recreation Plan (Texas Parks and Wildlife Code section 11.104). In 2002, the Commission adopted the first plan. A revised plan was adopted by the Commission in January 2005. In November 2009, the Commission approved a new plan, effective January 1, 2010, that included broad input from stakeholders and the general public. Minor revisions continue to be made to the plan. The 2015 version of the plan is available on the TPWD website. Every five years, TPWD is statutorily required to evaluate its progress toward achieving the plan’s goal and objectives.  Executive Director Carter Smith will update the Commission on TPWD’s recent progress in achieving the plan’s goals, objectives, and deliverables.

The plan consists of the following four goals:

  1. Practice, Encourage, and Enable Science-Based Stewardship of Natural and Cultural Resources
  2. Increase Access to and Participation in the Outdoors
  3. Educate, Inform, and Engage Texas Citizens in Support of Conservation and Recreation
  4. Employ Efficient, Sustainable, and Sound Business Practices

Work Session Item No. 2
Presenter: Reggie Pegues

Work Session
Financial Update
August 24, 2022

I.           Executive Summary: The staff will present a summary of the Fiscal Year (FY) 2023 Operating and Capital Budget, including the Capital and Conservation Account, Texas Parks and Wildlife Code section 11.032(c) deposit options regarding boat-related fees, and the Texas Parks and Wildlife Commission’s (Commission) Budget and Investment Policies.

II.     Discussion: The staff will discuss the following with the Commission:

III.      Recommendation: The staff recommends the Commission adopt the following motions:

Motion one: “The Executive Director is authorized to expend funds to operate the Texas Parks and Wildlife Department in accordance with the proposed FY 2023 Agency Budget by Strategy (Exhibit A), Operating and Capital Budget by Division/Object of Expense (Exhibit B), the Budget Policy (Exhibit C), and the Investment Policy (Exhibit D).”

Motion two: “The Commission approves retaining 100 percent of all boat registration, titling, and related fees collected during FY 2023 in Fund 9.”

Attachments – 4

  1. Exhibit A – FY 2023 Agency Budget by Strategy
  2. Exhibit B – FY 2023 Operating and Capital Budget by Division/Object of Expense
  3. Exhibit C – Budget Policy
  4. Exhibit D – Investment Policy

Work Session Item No. 2
Exhibit A

Fiscal Year 2023 Agency Budget by Strategy
Strategy FY 2023
A.1.1. Wildlife Conservation 34,722,969
A.1.2. Technical Guidance 10,428,376
A.1.3. Hunting and Wildlife Recreation 2,324,070
A.2.1. Inland Fisheries Management 15,507,194
A.2.2. Inland Hatcheries Operations 7,156,050
A.2.3. Coastal Fisheries Management 12,344,393
A.2.4. Coastal Hatcheries Operations 3,677,897
B.1.1. State Park Operations 90,888,328
B.1.2. Parks Minor Repair Program 7,108,299
B.1.3. Parks Support 6,684,147
B.2.1. Local Park Grants 19,363,175
B.2.2. Boating Access and Other Grants 11,529,459
C.1.1. Enforcement Programs 62,389,176
C.1.2. Texas Game Warden Training Center 2,671,329
C.1.3. Law Enforcement Support 3,529,859
C.2.1. Outreach and Education 2,995,242
C.2.2. Provide Communication Products 5,369,465
C.3.1. License Issuance 7,655,436
C.3.2. Boat Registration and Titling 1,662,618
D.1.1. Improvements and Major Repairs 30,237,834
D.1.2. Land Acquisition 4,015,894
D.1.3. Infrastructure Administration 7,471,800
E.1.1. Central Administration 9,810,494
E.1.2. Information Resources 14,264,862
E.1.3. Other Support Services 4,769,904
Fringe Benefits 63,394,484
Total 441,972,754
Method of Finance FY 2023
General Revenue 216,913,243
GR Ded-Game, Fish and Water Safety 120,758,333
GR Ded-State Parks 29,035,753
GR Ded-Other 180,633
Federal Funds 70,225,633
Other Funds 4,859,159
Total 441,972,754

Work Session Item No. 2
Exhibit B

Fiscal Year 2023 Operating and Capital Budget by Division/Object of Expense
Division Salaries & Other Personnel Costs Operating Grants Debt Service Capital Budget Fringe Benefits Total Budget FTEs
Coastal Fisheries 10,592,624 5,763,803     57,532 3,440,362 19,854,321 190.0
Communications 4,591,949 2,806,184 520,000   15,500 1,324,492 9,258,125 68.0
Departmentwide   27,063,487         27,063,487 0.0
Executive 3,164,098 298,697       843,515 4,306,310 36.0
Financial Resources 5,178,105 1,029,621       1,561,212 7,768,938 90.1
Human Resources 2,226,462 363,021       647,225 3,236,708 35.0
Information Technology 5,426,898 1,215,334       1,605,279 8,247,511 80.0
Infrastructure 7,391,046 524,630     25,000 2,154,496 10,095,172 90.0
Inland Fisheries 12,383,876 5,379,245 1,937,297   374,288 3,913,230 23,987,936 200.0
Law Enforcement 54,220,641 10,577,396     1,228,960 17,366,056 83,393,053 653.0
Legal 1,002,486 81,667       275,794 1,359,947 10.0
Local Parks 2,023,759 1,276,499 21,883,474     577,335 25,761,067 21.0
State Parks 64,700,220 26,630,405     11,545,845 23,848,451 126,724,921 1,354.8
Support Resources 2,015,769 3,197,648       616,544 5,829,961 31.0
Wildlife 20,703,632 14,047,782 3,527,484   250,000 5,220,493 43,749,391 302.0
Capital Construction         30,237,833   30,237,833 0.0
Capital Information Technology         7,598,073   7,598,073 0.0
Capital Land Acquisition         3,500,000   3,500,000 0.0
Total 195,621,565 100,255,419 27,868,255 0 54,833,031 63,394,484 441,972,754 3,160.9

Work Session Item No. 2
Exhibit C

BUDGET POLICY (CP-009)

It is the policy of the Texas Parks and Wildlife Commission (Commission) to authorize the Executive Director to approve and execute or have executed on his behalf, expenditures, budget adjustments and transfers as follows:

  1. Adjust the budget to bring unexpended balances forward from prior year approved budgets.
  2. Adjust the budget for transfers between budgetary units, major expense categories, or line items. 
  3. Adjust the budget to increase funds to allow payment of appraisal fees, witness fees, and investigation expenses on land acquisition and construction projects. 
  4. Approve and/or execute contracts and interagency agreements necessary in the daily operation of the Texas Parks and Wildlife Department (TPWD).  Revenues derived from interagency agreements may be budgeted and expended. 
  5. Adjust the budget for appropriated revenues, such as sale of equipment, donations, concessions, escrow, refunds, insurance proceeds, and publications revenue, so long as the expenditures are in agreement with the stated program goals and there will be sufficient cash during the fiscal year. 
  6. Approve and/or execute construction, repair, or renovation budgets, contracts, interagency agreements, and change orders if necessary to complete a project as approved by the Commission.  Adjust the budget from one TPWD facility major repair or development project to another or from available revenue to cover increased project costs or changes in scope. 
  7. Allocate super combo license revenue to the related stamp funds according to the documented methodology and authorize the related transfers of revenue to appropriate accounts. 
  8. Adjust the budget to cover the costs of lawsuits or settlements if deemed to be in the best interest of TPWD. 
  9. Adjust the budget to place a TPWD facility into reasonable operation when its condition poses a health or safety hazard or seriously hampers its ability to function. 
  10. Authorize classification changes anytime during a budgetary year, providing that such changes have been thoroughly justified and funds are available. 
  11. Increase the number of positions when new facilities are placed into operation and/or new programs are implemented, staying within the authorized FTE limit. 
  12. Adjust the budget to make capital expenditures for construction projects funded in part with proceeds of bonds issued by the Texas Public Finance Authority. 
  13. Approve and/or execute the reimbursement of construction project costs with the proceeds of tax-exempt bonds issued by the Texas Public Finance Authority, pursuant to federal Internal Revenue Code guidelines. 
  14. The Chair or Vice-Chair of the Commission, or a Commissioner designee of the Chair or Vice-Chair, is authorized to increase, decrease or otherwise adjust the budget during the fiscal year based on revenue and expenditure information and document those actions as noted below.  Any budget adjustments that exceed a threshold of $250,000, excluding federal and bond funds, require the prior approval of the Chair, Vice-Chair, or Commissioner designee through such means as a conference call or memo. Donations or gifts exceeding $500 shall be accepted by the Chair, Vice-Chair, or Commissioner designee on a monthly basis, with Commission acknowledgement of the acceptance of the donations at each scheduled Commission meeting.

Subject to notification of the Commission of any changes to previously discussed purposes or uses of funds, TPWD is authorized to use dedicated accounts and sub-accounts for purposes consistent with those outlined in relevant statutory provisions or administrative rules as set forth in the Texas Administrative Code.

This policy shall rescind any existing policy on budget adjustments and transfers.

             APPROVED this the 25th day of August 2022.

In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this 25th day of August, 2022.

Arch “Beaver” Aplin, III, Chairman

Dick Scott, Vice-Chairman

James E. Abell, Member

Oliver J. Bell, Member

Paul L. Foster, Member

Anna B. Galo, Member

Jeffery D. Hildebrand, Member

Robert L. “Bobby” Patton, Jr., Member

Travis B. “Blake” Rowling, Member



Work Session Item No. 2
Exhibit D

INVESTMENT POLICY (CP-016) 

All funds paid to Texas Parks and Wildlife Department (TPWD) pursuant to the Texas Parks and Wildlife Code (Parks and Wildlife Code) or allocated to TPWD per §151.801 of the Texas Tax Code are required by §11.042 of the Parks and Wildlife Code to be deposited in the treasury with two exceptions, the Operation Game Thief Fund and the Texas Park Development Fund.  The Operation Game Thief Fund is held outside the treasury and, as authorized by Parks and Wildlife Code §12.201, is invested according to rules adopted by the Operation Game Thief Committee.  Therefore, the investment of the Operation Game Thief Fund is not governed by this Investment Policy. Although not required, the Texas Park Development Fund is and will continue to be deposited in the treasury and invested by the Comptroller.

Parks and Wildlife Code §11.065 authorizes the commission to adopt rules for investment of the Lifetime License Endowment Account.  The Lifetime License Endowment Account is and will continue to be deposited in the treasury and invested by the Comptroller.

In addition, TPWD has established an account at The Texas Treasury Safekeeping Trust Company, an organization created by the Texas Legislature to invest and safeguard funds for the state and various subdivisions whose sole shareholder and director is the Texas Comptroller of Public Accounts.  TPWD’s account at The Texas Treasury Safekeeping Trust Company is for the purpose of accepting donations of marketable securities which shall be held only until accepted by the Commission.  Donations of marketable securities shall be sold promptly upon acceptance by the Commission and the proceeds shall be deposited into the treasury.

I.      Objectives of TPWD
  1. Suitability of the investment to TPWD requirements
  2. Preservation and safety of principal
  3. Liquidity
  4. Marketability
  5. Diversification of the portfolio
  6. Yield 

II.  Policy Guidelines

  1. TPWD funds shall be held in the state treasury and invested by the Comptroller under Texas Government Code §404.024.
  2. Mitigation funds distributed to TPWD shall be deposited in the state treasury and accounted for separately.
  3. Bank accounts authorized by the General Appropriations Act of the 87th Legislature, Article VI, Rider 3, and Texas Government Code §403.241-403.252 and §660.025 (petty cash accounts and imprest accounts for the purchase of evidence) should be either interest-bearing accounts or accounts with no fees.  Any interest earned in excess of bank fees shall be deposited in the General Revenue Fund. The establishment of any petty cash or imprest bank accounts must be approved by the TPWD’s Chief Financial Officer (Signature and Approval Policy OP-03-03).  Continuance of bank accounts is dependent upon timely and accurate record keeping and reporting. 

III. Texas Public Funds Investment Act:  Investment Officer Designation and Reporting

  1. Pursuant to Texas Government Code §2256.004, the Texas Public Funds Investment Act (PFIA) does not apply to TPWD funds which are deposited into the state treasury and which are managed by the Texas Comptroller of Public Accounts in accordance with Texas Government Code §404.024.  Therefore, TPWD does not presently have any funds on deposit outside the treasury subject to the PFIA.
  2. In the event that TPWD funds are deposited outside of the state treasury and become subject to the PFIA, the TPWD Executive Director, or designee, shall identify and designate an Investment Officer.
    1. The designated TPWD Investment Officer, or Officers, shall perform the functions and responsibilities required by the PFIA.
    2. The Investment Officer(s) shall attend investment training at least once each state fiscal biennium from a program recommended by the Texas Higher Education Coordinating Board.
    3. The Investment Officer(s) are required to disclose any personal business or familial relationship with a business organization offering to sell investments to TPWD.
    4. The Investment Officer(s) are required to provide a written copy of the investment policy to every business organization engaging in investment activity with TPWD and must obtain written acknowledgement that the policy was received and reviewed and appropriate procedures and controls are in place to preclude unauthorized transactions.
    5. The Investment Officer(s) will ensure that all TPWD funds outside the state treasury held in bank accounts are insured by Federal Deposit Insurance Corporation (FDIC) up to the FDIC deposit insurance limit, currently $250,000.  If at any time deposits exceed the FDIC deposit insurance limit in any financial institution, the custodian of the affected account(s) is required to obtain collateralization that meets state requirements to cover the amount exceeding the deposit insurance limit.
    6. Reports of investment transactions for all funds managed under the PFIA shall be prepared within 45 days of the end of each quarter and distributed to members of the Texas Parks and Wildlife Commission, the Executive Director and the Chief Financial Officer as required by § 2256.023.  These quarterly reports shall comply with state requirements for content.
    7. To the extent that the Texas Legislature modifies any provision of the PFIA that is applicable to TPWD’s funds, a report summarizing those legislative changes to the PFIA shall be prepared and distributed to members of the Texas Parks and Wildlife Commission, the Executive Director and the Chief Financial Officer within six months of the end of a regular legislative session. 

IV.   Review — The Texas Parks and Wildlife Commission shall review this policy at least annually. 

                  APPROVED this the 25th day of August 2022.

In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this 25th day of August 2022.

Arch “Beaver” Aplin, III, Chairman

Dick Scott, Vice-Chairman

James E. Abell, Member

Oliver J. Bell, Member

Paul L. Foster, Member

Anna B. Galo, Member

Jeffery D. Hildebrand, Member

Robert L. “Bobby” Patton, Jr., Member

Travis B. “Blake” Rowling, Member



Work Session Item No. 3
Presenter: Brandy Meeks

Work Session
Fiscal Year 2022 Internal Audit Update and Proposed Fiscal Year 2023 Internal Audit Plan
August 24, 2022

I.      Executive Summary:  The staff will present an update on the Texas Parks and Wildlife Department (TPWD) Fiscal Year (FY) 2022 Internal Audit Plan and ongoing or completed external audits, provide the methodology used to develop the proposed FY 2023 Internal Audit Plan, and recommend adoption of the motion to approve the proposed FY 2023 Internal Audit Plan.

II.     Discussion: The staff will discuss the following with the Texas Parks and Wildlife Commission (Commission):

III.  Recommendation:  The staff recommends the Commission adopt the following motion:

“The Texas Parks and Wildlife Commission approves the Texas Parks and Wildlife Department FY 2023 Internal Audit Plan as listed in Exhibit A.”

Attachment – 1

  1. Exhibit A – Proposed TPWD FY 2023 Internal Audit Plan

Work Session Item No. 3
Exhibit A

Texas Parks and Wildlife Department Fiscal Year 2023 Proposed Internal Audit Plan
Projects Budgeted Hours
FY 2022 Carryover Projects
CAPPS HR/ FR - IT Cybersecurity Audit 100
Law Enforcement Offices Fiscal Control Audits (3) 150
LCP Pipeline Easement Receivable Advisory 250
Leave Accounting Advisory 250
Infrastructure Change Order Process Advisory 450
IT Contracts — Required Clauses Advisory 200
Audit of Selected Local Recreation Grants 450
  1850
FY 2023 New Projects
Audit of Selected IT Systems and Processes
  • Texas Administrative Code (TAC) Title 1, Ch. 202 Cybersecurity Audit
  • Audit of TPWD Patch Management Processes
450
450
Sea Center and TFFC POS Inventory Advisory 200
Fiscal Controls of Selected State Parks (8) 1000
Fiscal Controls of Selected Law Enforcement Offices (10) 750
Follow-up of Internal and External Audit Recommendations 800
Special Projects, Investigations, Liaison Activities (TBD) 650
Research State Park Continuous Monitoring Activities 600
Administrative 500
  5400
Total Hours 7250

List of Alternative Projects

State Park Friends Group Audit
Additional State Park and Law Enforcement Office Audits


Work Session Item No. 5
Presenter: Aaron Friar

Work Session
Electric Bicycle Use On State Park Trails – Request Permission to Publish Proposed Changes in the Texas Register
August 24, 2022

I.      Executive Summary:  Staff requests permission to publish proposed amendments to rules to regulate the use of electric bicycles (ebikes) by visitors to the state park system. The proposed amendments would allow the use of ebikes on trails and paths unless specifically prohibited by posted signage or printed instruction.

II.     Discussion:  Under Texas Parks and Wildlife Code, Chapter 13, the Texas Parks and Wildlife Commission (Commission) is authorized to promulgate rules governing the conservation, preservation, and use of state property; the activities of park users (including camping, swimming, boating, fishing, or other recreational activities); the regulation of traffic and parking; and conduct which endangers the health or safety of park users or their property.

Texas Parks and Wildlife Department has received a number of inquiries regarding the use of ebikes on trails in state parks. Since the use of bicycles and horses in many state parks is already being managed with minimal and manageable user conflict, and because ebikes offer opportunities to persons who might not otherwise consider the visitation experience, staff believe that the use of ebikes on trails is feasible within certain parameters, including consideration of other user groups and impacts to conservation and preservation of natural and cultural features. Staff have determined that the most efficient manner of regulating the use of ebikes is to allow their use on trails and paths, except where such use is specifically prohibited by posted signage or printed instructions. Staff note that in most parks, trail use is already permitted for bicycles, equestrians, and foot traffic where such multiple use can be allowed without causing user conflict or degradation of park features.

Attachment – 1

  1. Exhibit A – Draft E-Bicycle Proposed Rules

Work Session Item No. 5
Exhibit A

DRAFT E-BICYCLE PROPOSED RULES

1. Introduction

        The Texas Parks and Wildlife Department (TPWD) proposes amendments to 31 TAC §59.131 and §59.134 concerning State Park Operational Rules.

        The proposed amendments would define “electric bicycles” and prescribe the conditions and circumstances for their use on state parks.

        Under current rule, electric bicycles are defined as motor vehicles and their use within parks is restricted to roads, driveways, parking areas, and areas designated as open for motor vehicle use. Current rules also prohibit the use of motor vehicles and bicycles on an unpaved road, trail, or path not designated and posted for use by such a motor vehicle or bicycle.

        The department has received a number of inquiries regarding the use of electric bicycles on trails in state parks. Since the use of bicycles and equines in many state parks is already being managed with minimal and manageable user conflict, and because electric bicycles offer opportunities to persons who might not otherwise consider the visitation experience, staff believe that the use of electric bicycles on trails is feasible within certain parameters, including consideration of other user groups and impacts to conservation and preservation of natural and cultural features. Staff have determined that the most efficient manner of regulating the use of electric bicycles is to allow their use on trails and paths, except where such use is specifically prohibited by posted signage or printed instructions. Staff note that in most parks, trail use is already permitted for bicycles, equestrians, and foot traffic where such multiple use can be allowed without causing user conflict or degradation of park features.

        The proposed amendment to §59.131, concerning Definitions, would alter the current definition of “motor vehicle” to stipulate that “electric bicycle” means an electric bicycle as defined in Transportation Code, §664.401, which is necessary to provide for an unambiguous meaning of the term for purposes of compliance and enforcement.

        The proposed amendment to §59.134, concerning Rules of Conduct in Parks, would allow the use of electric bicycles on trails, roads (paved and unpaved), and paths unless specifically prohibited by posted signage or printed instructions at the park. The proposed amendment would also require all electric bicycles used in state parks to be lawfully labelled in accordance with the provisions of Transportation Code, Chapter 664, which requires manufacturers of electric bicycles to label electric bicycles with information to identify the class of electric bicycle. Electric bicycles are manufactured in a variety of configurations and the rules would allow the department to restrict certain trails or paths to certain classes of electric bicycle as conditions warrant. The proposed rules would also make stipulations regarding the parking of electric bicycles while using trails and paths in order to make clear that electric bicycles cannot be parked in such a manner as to impede or interfere with trail use by other users. Finally, the proposed amendments would make comporting changes as necessary to create exceptions necessary to eliminate conflicts with existing rules regarding the use of motor vehicles.

2. Fiscal Note.

        Aaron Friar, Special Assistant to the Director, State Parks Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rules.

        There will be no fiscal implications for persons required to comply with the rules as proposed.

3. Public Benefit — Cost Note.

        Mr. Friar also has determined that for each of the first five years the rules as proposed are in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be increased opportunity for enjoyment of the state park visitation experience.

        (B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rules will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

                 (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

                 (D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

                 (E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

                 (F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS).  The rules as proposed, if adopted, will:

                         (1) neither create nor eliminate a government program;

                         (2) not result in an increase or decrease in the number of full-time equivalent employee needs;

                         (3) not result in a need for additional General Revenue funding;

                         (4) not affect the amount of any fee;

                         (5) not create a new regulation;

                         (6) not limit or repeal an existing regulation;

                         (7) neither increase nor decrease the number of individuals subject to regulation; and

                         (8) not positively or adversely affect the state’s economy.

4. Request for Public Comments.

        Comments on the proposed rules may be submitted to Aaron Friar, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4415; email: aaron.friar@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendments are proposed under Parks and Wildlife Code, Chapter 13, which authorizes the commission to promulgate rules governing the conservation, preservation, and use of state property, the activities of park users (including camping, swimming, boating, fishing, or other recreational activities), the regulation of traffic and parking; and conduct which endangers the health or safety of park users or their property.

        The proposed amendment affects Parks and Wildlife Code, Chapter 13.

        §59.131. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

                 (1) – (10) (No change.)

                 (11) Motor Vehicle — For purposes of this subchapter, a motor vehicle does not include a wheelchair, a motorized wheelchair or a motorized mobility device. A motor vehicle is a motor-powered [motor powered] vehicle, including, but not limited to:

                         (A) any motor-driven [motor driven] or propelled vehicle required to be registered under the laws of this state;

                         (B) – (G) (No change.)

                         (H) an electric bicycle as defined in Transportation Code, §664.001; or

                         (I) (No change.)

                 (12) — (20) (No change.)

        §59.134. Rules of Conduct in Parks.

                 (a) – (j) (No change.)

                 (k) Motor Vehicle Use, Possession and Operation.

                         (1) Operation. Except as provided in this subsection for the operation and use of electric bicycles, it[It] is an offense for any person to:

                                  (A) operate a motor vehicle in a state park except on roads, driveways, parking areas, and areas designated as open for motor vehicle use;

                                  (B) operate a motor vehicle in a state park if the motor vehicle is not licensed and inspected as required by the Texas Transportation Code or other law regarding the operation of motor vehicles, except as specifically authorized by permit; or

                                  (C) operate a motor vehicle in a state park in a manner not authorized by the Texas Transportation Code or other laws regarding the operation of motor vehicles.

                         (2) Parking. Except as specifically provided in this subsection for electric bicycles, it[It] is an offense for any person to:

                                  (A) park a motor vehicle or trailer in a state park except in areas designed, constructed, or designated for that purpose; or

                                  (B) park, store, or leave a motor vehicle or trailer in violation of this section when signs have been posted in the affected areas.

                         (3) Speed Limit. It is an offense for any person to drive a motor vehicle within a state park at a speed:

                                  (A) greater than is reasonable or prudent, having due regard for the traffic and the road conditions then existing;

                                  (B) that endangers the safety of persons or property; or

                                  (C) that exceeds the posted speed limit in any portion of the state park system.

                         (4) Traffic. It is an offense for any person to:

                                  (A) operate a motor vehicle in a state park between the park closing hour and 6 a.m. opening hour, except for emergency or necessary purposes; or

                                  (B) operate a motor vehicle in an indiscriminate or unnecessary manner (cruising).

                         (5) Trail use.

                                  (A) It is an offense for any person to operate or use a motor vehicle or a bicycle on an unpaved road, trail, or path not designated and posted for use by such a motor vehicle or bicycle or use the trail in a manner that is dangerous to a person or animal.

                                  (B) Unless specifically prohibited by posted signage or printed instructions, the operation and use of electric bicycles is permitted on trails, roads (paved and unpaved), and paths.

                                          (i) The department may restrict any trail, road (paved or unpaved), or path to specific classes of electric bicycles.

                                          (ii) It is an offense to operate or use an electric bicycle under this paragraph unless it has been lawfully labeled as required under Transportation Code, Chapter 664, to indicate the class of the electric bicycle.

                                          (iii) A person using an electric bicycle provided by this paragraph may park the electric bicycle next to the trail, road, or path being used, provided such parking is performed in a safe manner and does not obstruct or otherwise impede the use of the trail, road, or path by other park users.

                 (l) – (q) (No change.)

        This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

        Issued in Austin, Texas, on


Work Session Item No. 6
Presenter: Stormy King

Work Session
Aerial Wildlife Management Permit Rules – Request Permission to Publish Proposed Changes in the Texas Register
August 24, 2022

I.      Executive Summary:  Staff requests permission to publish proposed amendments to rules governing the management of wildlife and exotic species from aircraft. The proposed amendments would create a definition for unmanned aerial vehicles (UAVs, or drones) and provide for their use at night for the sole purpose of locating feral hogs for purposes of lethal control by shooters on the ground.

II.     Discussion:  Under federal law (16 U.S.C. §742j-1, commonly referred as the Airborne Hunting Act, or AHA) it is unlawful to shoot or attempt to shoot or intentionally harass any bird, fish, or other animal from aircraft except for certain specified reasons, including protection of wildlife, livestock, and human health, except as may be provided by state law pursuant to federal authority. Texas Parks and Wildlife Code, Chapter 43, Subchapter G, is the statutory authority for regulating airborne wildlife management in Texas. Under Texas Parks and Wildlife Code  section 43.109, the Parks and Wildlife Commission is authorized to promulgate regulations governing the management of wildlife by the use of aircraft.

The recent advent and popularity of drones has resulted in a number of inquiries to Texas Parks and Wildlife Department (TPWD) regarding their use at night, particularly to aid in the location of feral hogs for purposes of lethal control. Current rules prohibit the take of wildlife or exotic animals (including members of the swine family, such as feral hogs) from aircraft at night (defined as the hours between one half-hour after sunset and one-half hour before sunrise). TPWD wishes to clarify that although wildlife and exotic animals may not be taken by means of drones at any time, it is lawful to use drones solely for purposes of locating feral hogs, including at night.

Attachment – 1

  1. Exhibit A – Proposed Permits for Aerial Management of Wildlife and Exotic Species Rules

Work Session Item No. 6
Exhibit A

PERMITS FOR AERIAL MANAGEMENT OF WILDLIFE AND EXOTIC SPECIES

PROPOSAL PREAMBLE

1. Introduction

        The Texas Parks and Wildlife Department (TPWD) proposes amendments to 31 TAC §65.151, concerning Definitions, and §65.152, concerning General Rules.

        The proposed amendments would clarify that it is lawful to use unmanned aerial vehicles (UAVs, or “drones”) at night to locate feral hogs for purposes of lethal control.

        Under federal law (16 U.S.C. §742j-1, commonly referred to as the Airborne Hunting Act, or AHA) it is unlawful to shoot or attempt to shoot or intentionally harass any bird, fish, or other animal from aircraft (including drones) except for certain specified reasons, including protection of wildlife, livestock, and human health except as may be provided by state law pursuant to federal authority. Parks and Wildlife Code, Chapter 43, Subchapter G, is the statutory authority for regulating airborne wildlife management in Texas; under Parks and Wildlife Code §43.109, the Parks and Wildlife Commission is authorized to promulgate regulations governing the management of wildlife by the use of aircraft.

            The recent advent and popularity of drones has resulted in a number of inquiries to the department regarding their use at night, particularly with respect to the lethal control of feral hogs. Feral hogs are an extremely destructive nuisance species, causing great damage to agricultural crops and wildlife habitats across the state, and the department vigorously encourages the public to control feral hog populations in order to protect native wildlife and their habitats. Current rules prohibit the take of wildlife or exotic animals (including members of the swine family, such as feral hogs) from aircraft at night (defined as the hours between one half-hour after sunset and one-half hour before sunrise). The department wishes to clarify that although wildlife and exotic animals may not be taken by means of drones at any time, it is lawful to use drones solely for purposes of locating feral hogs, including at night. The proposed rules also would clarify that any person who participates in the capture, take, shooting, or attempted capture, take, or shooting of feral hogs as a result of the use of a drone to locate feral hogs for purposes of eventual take or capture is a gunner for the purposes of the subchapter, and all reporting and recordkeeping requirements of the subchapter apply to such persons.

2. Fiscal Note.

        Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rules.

        There will be no fiscal implications for persons required to comply with the rules as proposed.

3. Public Benefit — Cost Note.

        Mr. Macdonald also has determined that for each of the first five years the rules as proposed are in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be regulatory clarity.

        (B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rules will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, the department has determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

                 (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

                 (D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

                 (E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

                 (F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS).  The rules as proposed, if adopted, will:

                         (1) neither create nor eliminate a government program;

                         (2) not result in an increase or decrease in the number of full-time equivalent employee needs;

                         (3) not result in a need for additional General Revenue funding;

                         (4) not affect the amount of any fee;

                         (5) not create a new regulation;

                         (6) not limit or repeal an existing regulation;

                         (7) neither increase nor decrease the number of individuals subject to regulation; and

                         (8) not positively or adversely affect the state’s economy.

4. Request for Public Comments.

        Comments on the proposed rules may be submitted to Assistant Commander Stormy King, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 552-3465; email: stormy.king@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendments are proposed under Parks and Wildlife Code, §43.109, which provides the commission with authority to make regulations governing the management of wildlife or exotic animals by the use of aircraft under this subchapter, including forms and procedures for permit applications; procedures for the management of wildlife or exotic animals by the use of aircraft; limitations on the time and the place for which a permit is valid; establishment of prohibited acts; rules to require, limit, or prohibit any activity as necessary to implement Parks and Wildlife Code, Chapter 43, Subchapter G.

        The proposed amendments affect Parks and Wildlife Code, Chapter 43, Subchapter G.

        §65.151. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

                 (1) – (5) (No change.)

                 (6) Gunner—

                         (A) A Landowner, Agent, or Subagent who captures, takes, shoots, or attempts to capture, take, or shoot wildlife or exotic animals from an aircraft; and

                         (B) any person who participates in the capture, take, shooting, or attempted capture, take, or shooting of feral hogs as a result of the use of a drone to locate feral hogs for purposes of eventual take or capture.

                 (7) – (12) (No change.)

                 (13) Unmanned Aerial Vehicle (UAV, or drone) — An aircraft that is remotely controlled or flown by an operator who is not physically present in the aircraft while it is flying.

        §65.152. General Rules.

                 (a) – (d) (No change.)

                 (e) It is lawful for a pilot operating under a valid AMP or AMP holder to use a UAV at any time solely for the purpose of locating feral hogs; however, no person may take or attempt to take feral hogs from a UAV.

                 (f)[(e)] These rules do not exempt any person from the requirement for other licenses or permits required by statute or rule of the commission.

                 (g)[(f)] The department may waive the fee requirements of this subchapter for an employee of a governmental entity acting in the scope and course of official duties.

                 (h)[(g)] The department will not approve an LOA for the take of feral hogs on a tract of land where feral hogs have been released or liberated by or with the approval of the Landowner or Agent for the purpose of being hunted.

        This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s legal authority to adopt.

        Issued in Austin, Texas, on


Work Session Item No. 17
Presenter: James Murphy

Work Session
Litigation Update
August 24, 2022

I.      Executive Summary:  Attorneys for the Texas Parks and Wildlife Department will update and advise the Texas Parks and Wildlife Commission regarding pending or anticipated litigation.


Work Session Item No. 18
Presenter: Chairman Arch “Beaver” Aplin

Work Session
Briefing – Executive Director Search
August 24, 2022

I.      Executive Summary:  The Texas Parks and Wildlife Commission (Commission) Chairman will brief the Commission regarding the Texas Parks and Wildlife Department Executive Director search.